Published By: Michael A. Inman, Jeanne S. Lauer, Gregory J. Montero, Robert V. Timms, Jr., Matthew J. Weinberg

 

Just because new owners have received a disclosure packet  when they signed a purchase contract doesn’t mean they read it. A welcome packet is a way to be sure your new owners are educated about their Association, especially amenities, benefits and rules. An owner who is educated is one who will most likely comply. If an owner does not understand a rule he has a chance to inquire before becoming a violator. Here are some suggestions for the content of a welcome packet:

Continue Reading Help your new owners and board with welcome packets

 

Below are a host of new laws that will become effective on July 1, 2014.  There are some significant new items and we urge you to read closely.  Mike Inman serves on the Virginia Legislative Action Committee and can answer any questions you might have about the bills. 

Late Fees- HB 566

 

HB 566 amends the Virginia Condominium Act (§55-79.83) and the Property Owners’ Association Act (§55-513.3) (the “POAA”) by clarifying that associations can charge a late fee as provided in the governing documents, and if not provided for in the governing documents, the association can charge a late fee not to exceed 5%.

 

Compliance with Declaration- HB 530

 

HB 530 amends the Virginia Condominium Act (§55-79.53A) by adding the following language:  This section shall not preclude an action against the unit owners’ association and authorizes the recovery, by the prevailing party in any such action, of reasonable attorney fees, costs expended in the matter, and interest on the judgment as provided in § 8.01-382 in such actions.


Merger; Judicial Reformation of Declaration- HB 690

 

HB 690 amends the Virginia Condominium Act (§55-79.71:2) by providing condominiums with the ability to merge two or more condominiums. It also amends both the Condominium Act (§55-79.73:2) and the POAA (§55-515.2:1) by permitting associations to petition the circuit court to make changes to a declaration. 

Continue Reading News from the Virginia General Assembly and CAI’s Virginia Legislative Action Committee

 

There is often confusion about when animals must be accommodated when owned by a handicapped owner who applies for an exception to a pet rule.

The Fair Housing Act (FHA) prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.

The FHA makes it unlawful for a person to refuse "to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

"Handicap" is defined as: "a physical or mental impairment which substantially limits one or more of such person’s major life activities."

 

Continue Reading Animals and the Fair Housing Act

Many local condominiums are not approved or are about to expire.  We provide advice and application preparation with respect to FHA project approvals.  Condominiums must get certified/approved every two years.  There is no fee charged by the FHA.  The boards of every condominium in which FHA loans are a likely source of financing owe it to their owners to seek this approval as it is a significant benefit to all owners in terms of value and sales of units…..just ask a real estate agent.

Q:      We are a self managed association and members often ask for copies of records such as financial data and minutes of meetings. Often they ask for minutes before they are approved. One request is for our contract with the landscaper. We don’t feel that all these requests are appropriate. 

Continue Reading Document/Financial Requests

Recently we received the following question the answer to which could be helpful to many of you.

Q.       Our condominium has a serious need for some renovation work on windows, doors and some balconies. It is going to cost around $3,000 a unit as best we can tell right now. One contractor we consulted said it was not urgent and that we could do it over a period of time. Another contractor indicated that he thought the deterioration would accelerate and we needed to do all the work right away. The Board is divided on which way to go, and right now we only have four Board members, and it is a 50/50 split. Our next election is September and we cannot agree on a new Board member either. We have been at this standoff for four months now, and we need to move ahead with some plans, but we do not seem to be able to do so. Do you have any suggestions?

Continue Reading What to do when your board is deadlocked

Michael A. Inman has been reappointed by City Council to the Virginia Beach Planning Commission for another four year term beginning in January 2018. The Planning Commission meets monthly to review and vote upon applications from property owners for rezoning and conditional use permits. Mr. Inman has practiced in Hampton Roads since 1973 and has been active in numerous community organizations. His practice has a historical heavy emphasis on a broad range of real estate matters including acting as counsel to developers of condominiums and homeowner associations and the formation of a practice group that represents over 200 community associations in the region and beyond.

The law firm’s attorneys provide a broad array of legal services from domestic relations to workers compensation to business matters and can be viewed on the firm’s website: www.inmanandstrickler.com.

Did you know that Virginia has a law which requires all licensed contractors to contribute towards a fund that helps victims of fraud and dishonest conduct? While many states have similar consumer laws, Virginia also includes Property Owners Associations as potential victims. (We don’t know why condominium associations are not included but it is on our “to do” list.) The Contractor Recovery Fund (aka Santa) reimburses qualified applicants up to $20,000.00 in cases where the contractor has engaged in “wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct constituting gross negligence, continued incompetence, or intentional violation of the Uniform Statewide Building Code…” Virginia Code § 54.1-1118. So if a contractor collected a deposit and never came back to do the work and you can’t find him, there might be a chance to get that money back. The process is a bit technical but worth the effort if you have a substantial amount involved.

Continue Reading Virginia has a Santa “clause” ….and he brings dollars

Only a few years ago the Virginia General Assembly recognized that many association boards just would not face up to the need for reserves in an effort to keep “dues” at a lower and more competitive level.  Many are paying a price for those decisions now.  It became such a problem that several years ago the Virginia General Assembly passed a law requiring reserve studies every 5 years and an annual review of reserves by every board  (see Section 55-79.83:1of the Condo Act and Section 55-514.1of the POA Act.). 

Continue Reading Boards – Take Notice – 3 big reasons properly funded reserves are essential

Often associations review their rules when they want to make some change or addition, but it is best to review all the rules at least every 5 years because a few things do change periodically in the make-up and needs of every community.  So here are some guidelines for your review that might prove useful to you:

Continue Reading Revising your Rules and Regs? Keep it Simple!